Białostockie Studia Prawnicze Zeszyt 29 nr 4
Artykuły:
Olga Sitarz
Discrimination from a Criminological and Criminal-Political Perspective
DOI: 10.15290/bsp.2024.29.04.01
Abstract: The subject here is the phenomenon of discrimination from the perspective of criminology, victimology and the tasks of criminal policy. The author first reconstructs the definition of discrimination and its causes, manifestations and negative consequences for people affected by discrimination. The issue of regulating manifestations of discrimination through criminal law regulations is then analysed. Ultimately, the belief is put forward that criminology and victimology provide material to recognize the real social harm of an act in the form of discrimination and unequal treatment in access to social goods. The findings in the area of criminal and criminalization policy make it possible to recognize that other criminalization prerequisites have been fulfilled. This finally makes it possible to call for the introduction into the petty offences law of a prohibited act in the form of unjustified refusal to provide a service that is within the scope of a given actor’s offer.
Keywords: criminalization, discrimination, restriction of rights, unequal treatment, vulnerable people
Zakres stron: 7-22
Jolanta Jakubowska-Hara, Joanna Mierzwińska-Lorencka
The Presumption of the Age of Victims under International and Domestic Regulations
DOI: 10.15290/bsp.2024.29.04.02
Abstract: age of the victim, child abuse, child victims, children’s rights, restorative justiceThe question of the security of proceedings and protection for victims involves a whole array of issues. One of them is the principle of the presumption of the age of the victim, which is an important element in the regulations on the legal protection of children in criminal proceedings. The Polish government has indicated that introducing the principle of the presumption of the victim’s age into the Polish legal system was part of the implementation of the Sustainable Development Goals adopted in the UN Agenda 2030. For several years, there has been an emphasis in the field of European law on the need to implement appropriate procedures and take legislative steps for the comprehensive implementation of the obligations under Directive 2011/93/EU of the Parliament and of the Council of 13 December 2011 and Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012. Both of these are to be implemented through the provision of Article 49(b) of the Code of Criminal Procedure, which was introduced into the Code by the Act of 16 December 2020 amending the Code of Criminal Procedure, which came into force on 9 February 2021. The principle provided for in Article 49(b) establishes a legal assumption used to indicate the provisions of the Code of Criminal Procedure that should be applied to a victim if their age cannot be determined and they may be a minor.
Keywords: collective identities, constitutionalism, legal discourse, liberalism, post-Marxism
Zakres stron: 23-34
Magdalena Budyn-Kulik
Protecting Women from Violence in Lightof the UN Sustainable Development Goals from the Perspective of a Postmodern Society
DOI: 10.15290/bsp.2024.29.04.03
Abstract: Agenda 2030, human trafficking, protection, violence, womenAmong the 17 UN Sustainable Development Goals adopted in the so-called Agenda 2030, Goal 5 is defined as achieving gender equality and empowering women and girls, and the objective labelled 5.2 is about the elimination of all forms of violence against women and girls in the public and private spheres, including trafficking, sexual exploitation and other forms of exploitation. The way gender equality is framed in Agenda 2030 in the context of countering violence is unsatisfactory. It relies on outdated perceptions of sexuality, fails to recognize new problems related to the fluidity of gender identity and may indirectly lead to ignoring the problem of violence against people of a gender other than women.
Keywords: Agenda 2030, human trafficking, protection, violence, women
Zakres stron: 35-48
Ewa M. Guzik-Makaruk, Justyna Karaźniewicz, Monika Kotowska, Marta Romańczuk-Grącka
Providing Safe Shelter to Victims of Domestic Violence in the Light of Goal 16.1 of the 2030 Agenda for Sustainable Development
DOI: 10.15290/bsp.2024.29.04.04
Abstract: Interest in the issue of domestic violence in Poland has resulted from the rapid development of international law. One of the essential documents in this area is the resolution adopted by the General Assembly of the United Nations on 25 September 2015 titled ‘Transforming Our World: The 2030 Agenda for Sustainable Development’. One of the main challenges associated with domestic violence is ensuring the safety of the victims. Poland has adopted certain solutions to address this issue, including the establishment of specialized support centres. The purpose of this paper is to discuss the essential characteristics and functions of shelter provided by these centres as one of the forms of assistance provided at the municipality level to persons who have experienced violence. The paper also seeks to assess how such centres operate in practice.
Keywords: domestic violence, specialized support centres, victims, 2030 Agenda for Sustainable Development
Zakres stron: 49-67
Anna Elisabeth Goldberg
Foreseeability and Prior Fault: Examining the Assessment Framework for Intoxication, Blame and Criminal Responsibility
DOI: 10.15290/bsp.2024.29.04.05
Abstract: Prior fault in cases of intoxication prevents any mental impairments stemming from the intoxication from having exculpatory or mitigatory effects. This article critically examines the pitfalls of using ‘foreseeability’ as a main requirement to establish prior fault in such cases in the Netherlands, with brief comparative references to Polish law. The appropriateness of foreseeability as a criterion strongly depends on the approach taken. When foreseeability is interpreted in an abstract manner, the ability to adequately differentiate between situations of prior fault is greatly reduced. Specifically for intoxication combined with addiction or other mental disorders, this approach to foreseeability may cause over-criminalization. The article provides suggestions for a more appropriate assessment framework, which could include a more concrete foreseeability requirement and a volitional criterion.
Keywords: addiction, foreseeability, intoxication, non-accountability, non-responsibility, prior fault
Zakres stron: 69-88
Diana Dajnowicz-Piesiecka
Control of Poaching in Poland as a Form of Implementation of the Agenda for Sustainable Development 2030
DOI: 10.15290/bsp.2024.29.04.06
Abstract: Agenda 2030, crime control, hunting law, poaching, wildlifeThis article’s purpose is to present how the goals of the Agenda for Sustainable Development 2030 are implemented in Poland in terms of combating poaching. It discusses which services combat poaching in Poland and how they operate. The characteristic methods of legal sciences and criminology, namely literature analysis and criticism, the dogmatic method, secondary data analysis, and the interview method, were used to achieve the research goals. The first of these was used to analyse the scientific literature on poaching published to date, with a particular focus on the poaching of land animals. The dogmatic method was used to examine selected legal acts regulating poaching. The dogmatic and literature analysis methods were often applied simultaneously, which allowed interpretation of the regulations analysed. The secondary data analysis consisted of analysing statistics on poaching, specifically criminal statistics obtained from police headquarters. The final research method used were interviews carried out using a computer-assisted individual interview technique. Interviews were conducted with an employee of the Regional Directorate of State Forests in Białystok and an officer of the State Hunting Guard in Białystok, because both institutions are statutorily obliged to combat poaching in Poland.
Keywords: Agenda 2030, crime control, hunting law, poaching, wildlife
Zakres stron: 89-107
Emilia Jurgielewicz-Delegacz, Joseph F. Donnermeyer
Understanding the United Nations Sustainable Development Goals in the Context of Safety and Security for Rural Communities
DOI: 10.15290/bsp.2024.29.04.07
Abstract: This article examines challenges to the study of rural crime and criminal justice through the lens of the United Nations Sustainable Development Goals (SDGs). It emphasizes that the rural population of the world and within many countries is a significant share of the total, even though urbanization will inevitably continue through the remainder of the 21st century. Contrary to longstanding stereotypes, especially those found in criminology, rural places are quite diverse. In addition, rural localities everywhere are changing, and with these changes emerge important issues related to the safety and security of rural populations. All 17 SDGs are discussed within the context of crimes that affect rural people and their perceptions of safety; we examine what rural criminology can do to help criminal justice policymakers and practitioners focus strategies and tactics suitable for a rural context.
Keywords: community, criminological theory, fear of crime, rural crime, rural criminology, safety and security, United Nations Sustainable Development Goals
Zakres stron: 109-125
Katarzyna Laskowska, Wojciech Filipkowski
Student Safety in Educational Facilities in Light of Goal 4a of Agenda 2030
DOI: 10.15290/bsp.2024.29.04.08
Abstract: In order to fill this research gap, the authors undertook an analysis of the problem specified in the title in the context of public elementary schools in Białystok. First, a dogmatic approach was taken, which involved a detailed analysis of selected provisions of educational law. Second, an empirical approach was applied by reviewing documents in the form of statutes from 44 out of 47 elementary schools, focusing on the degree of implementation of the United Nations 2030 Agenda for Sustainable Development, Goal 4a. The research was based on criteria developed by the authors, grounded in the available literature, which focused on four key aspects considered essential for assessing the level of achievement of the stated goal. These criteria include ensuring the physical and psychological safety of students, internal and external aspects of security, safety education, and cooperation of schools with institutions charged with the provision of safety. The analyses partially confirmed the hypothesis that the examined national regulations and the statutes of public elementary schools are only minimally aligned with SDG 4a. These findings shed light on the existing theoretical and practical challenges related to the effective implementation of international educational standards at the local level and may serve as inspiration for further research.
Keywords: safety, school, security, sustainable development goals
Zakres stron: 127-138
Dariusz Kużelewski
The Norwegian Model of Victim–Offender Mediation as an Original System Approach
DOI: 10.15290/bsp.2024.29.04.09
Abstract: Victim–offender mediation is considered the most widespread restorative justice measure. It is an institution based on a universal scheme of activities involving the victim and the offender, yet it occurs in a diverse legal environment. Various legal systems regulate the prerequisites for the use of mediation differently, defining in which cases it can be used and who can be a mediator, or giving an institutional framework to entities offering mediation services. One of the most interesting European mediation systems has been developed in Norway, which can be considered a pioneering country in terms of the origins of victim–offender mediation. Comprehensive legal regulation of mediation is a Norwegian peculiarity; it will be analysed in this article against the background of Polish solutions. This analysis will be a starting point for outlining the pitfalls and challenges facing mediation in Norway.
Keywords: criminal proceedings, National Mediation Service, restorative justice, victim–offender mediation
Zakres stron: 139-160
Piotr Chlebowicz, Tomasz Safjański
Considerations Regarding the Typology of Counter-Detection Measures in the Light of Quantitative Research on Organised Crime Groups that Recruit Football Hooligans
DOI: 10.15290/bsp.2024.29.04.10
Abstract: Through the application of counter-detection activities, football hooligan groups in Poland have created organised crime networks, that are able to identify, locate and neutralise police intelligence activities. In the 20th and 21st centuries, the issue of counter-detection activities undertaken by members of organised crime groups has not been acknowledged by researchers. Therefore, the existing body of work on forensic tactics as a scientific discipline needs to be critically analysed, and new definitions need to be adopted. The scope of the study includes definitions of forms of counter-detection activities (e.g. counter-surveillance or inverse surveillance), as well as the classification and functions of counter-detection activities. The article seeks to establish a framework and define the conceptual grid and key assumptions underlying the concept of counter-detection activities. It is the first desk-research analysis to systematise knowledge on the counter-detection activities of criminal groups. Analysis results are the basis for the creation of a theory of anti-forensics,: its typology is presented with the example of groups of football hooligans. The authors define the concept of counter-detection activities and its purpose, and seek to delineate the basic forms and strategies of counter-detection. The knowledge presented is also referred to as ‘anti-forensics’, which in fact, is a specific area of knowledge on how to prevent the detection of crimes and criminals. This follows directly from the wording of the cardinal rule of all crime-fighting: ‘Think like a criminal’.
Keywords: counter-detection activities, counter-surveillance, delaying actions, legalisation and hiding criminal assets
Zakres stron: 161-181
Katarzyna Marzęda-Młynarska
Integrating Routine Activity Theory and Transparency in Governance for Food Security through the Example of Operation Opson
DOI: 10.15290/bsp.2024.29.04.11
Abstract: This article explores the integration of criminology into food security policies through the lens of Routine Activity Theory (RAT) and transparency in governance, with a specific focus on Operation Opson. Food-related crimes, including fraud, theft, and contamination, pose significant threats to global food security and the achievement of Sustainable Development Goal 2: Zero Hunger. The study develops an integrated framework combining RAT and transparency to identify, prevent, and respond to food-related crimes, ultimately strengthening food security. RAT helps map out the food supply chain’s vulnerabilities, identifying motivated offenders, suitable targets, and the absence of capable guardians. Transparency in governance enhances accountability and public trust by making regulatory processes and results openly accessible. The case study of Operation Opson, a joint initiative by Interpol and Europol, illustrates the practical application of this framework. The findings underscore the importance of incorporating criminological insights into food security strategies to achieve zero hunger by 2030, promoting a more secure and resilient global food system.
Keywords: criminology, food security, Operation Opson, routine activity theory, transparency in governance
Zakres stron: 183-196
Oleksandr Babikov, Ihor Fedorenko, Oleksandr Omelchenko, Andrii Lyseiuk, Oksana Panova
The Observance of Human Rights and Freedoms during the Covert Obtaining of Information in Criminal Proceedings
DOI: 10.15290/bsp.2024.29.04.12
Abstract: This article focuses on the analysis of problematic aspects of the system of internal control and judicial review over the protection of human rights and freedoms in the context of covert obtaining of information for the needs of criminal justice. Focusing on control measures and striking a balance between justice and human rights, the article dwells upon the effectiveness of supervision mechanisms and the factors affecting their efficiency. Analysis of legislation and case law of various European countries is therefore carried out to assess the effectiveness of control measures. Various factors that determine the effectiveness of control measures are examined. In addition, ways of solving these issues in the legislation of European countries and other jurisdictions are considered. As a result, the main problems and obstacles in ensuring the rights and freedoms of citizens while secretly obtaining information for criminal justice are identified. Furthermore, the effectiveness of mechanisms of internal control and judicial review in criminal proceedings is evaluated. Finally, a course of actions is suggested to maintain the balance of interests between criminal justice and human rights and freedoms.
Keywords: covert obtaining of information, criminal justice, human rights and freedoms, internal control,
judicial review
Zakres stron: 197-215
Mateusz Hubert Ziemblicki
A Difficult Neighbourhood with Hybrid War in the Background: An Analysis of Relations between Poland and Belarus
DOI: 10.15290/bsp.2024.29.04.13
Abstract: Belarus has been dependent on the Russian Federation for many reasons for years. The possibilities for shaping its foreign policy are also very limited. Nevertheless, until recently, mutual relations with Poland still functioned, despite being complicated and not without difficult periods. However, the events related to the situation in Belarus after the rigged presidential elections in 2020, the enormity of the repression of representatives of the Belarusian opposition, parts of the media and ordinary citizens, the involvement of Belarus on the Russian side in its aggression against Ukraine, the hybrid war launched in mid-2021 consisting of the instrumental use of migrants for political purposes, and the subsequent packages of sanctions imposed by the European Union in response to these illegal and shameful actions raise legitimate questions about the future of mutual relations between Warsaw and Minsk. For this reason, it seems important to analyse the relations between Belarus, ruled continuously since 1997 by Lukashenko, and Poland.
Keywords: crisis on the Polish–Belarusian border, hybrid war, Poland–Belarus relations
Zakres stron: 217-228